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Fraud – Limitations – Discovery rule
Where a plaintiff who lost money in a fraudulent investment scheme has brought suit seeking to hold liable the employer of the individual responsible for the fraud, the applicability of […]
Negligence – Medical malpractice – Limitations – Discovery rule
Where a medical malpractice complaint was dismissed on statute of limitations grounds, the dismissal order must be reversed because a genuine issue of material fact exists as to when a […]
Contract – Limitations – Discovery rule
Where a plaintiff, which entered into a contract with the defendant to design and build four prototypes of an amplifier to control a motor, has brought a breach of contract action contending that the prototypes did not meet contractual specifications, the plaintiff's claims are time-barred.
Contract – Limitations – Discovery rule
Where a plaintiff's complaint against a defendant company that had been retained to conduct environmental testing was dismissed under the one-year limitations period set forth in the parties' contract, the dismissal order must be reversed on the ground that the contractual limitations provision was invalid in that it did not permit application of the discovery rule.
Tort – Limitations – Wastewater treatment plant
Where a plaintiff developer sued two defendant engineering firms after a wastewater treatment plant for one of its development projects vastly exceeded projected costs, an award of summary judgment for the defendant must be affirmed, as the judge did not err in concluding that (1) the plaintiff's tort and contract claims are barred by the applicable statute of limitations and (2) a G.L.c. 93A clai[...]
Negligence – Accountant – Discovery rule – G.L.c. 93A
Where the plaintiffs, a Massachusetts corporation and its principals, brought suit against the defendant accountant and his codefendant firm alleging that the defendants negligently advised them to file amended corporate and personal tax returns that had the effect of substantially increasing the principals' tax liability and destabilizing the corporation, (1) the plaintiffs' tort and contract cla[...]
Negligence – Medical malpractice – Limitations – Discovery rule
Where the plaintiff filed a medical malpractice action against a defendant podiatrist, the plaintiff's claim is barred by the statute of limitations and thus the defendant must be awarded summary judgment.
Real property – Condominium – Mold – Discovery rule
Where a judge dismissed as untimely the negligence counts in a complaint filed by a plaintiff whose condominium unit was infiltrated by toxic mold, the dismissal order must be reversed based on the applicability of the discovery rule.
Real property – Condominium – Mold – Discovery rule
Where a judge dismissed as untimely the negligence counts in a complaint filed by a plaintiff whose condominium unit was infiltrated by toxic mold, the dismissal order must be reversed based on the applicability of the discovery rule.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
